Palmer Rodak & Associates
Palmer Rodak & Associates
Certified Family Law Specialists State Bar of California Board of Legal SpecializationServing your Community for 19 Years
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FAMILY COURT SERVICES (FCS) RECOMMENDATIONS ARE IMPORTANT TO THE COURT, BUT THEY ARE NOT ALWAYS WHAT THE COURT ORDERS

A couple who were both in the military, got married, and were transferred and stationed at Camp Pendleton, in Oceanside. Neither of the parties were from California or had any ties to California, except being stationed there in connection with their military service.


The couple ended up breaking up toward the end of their military service and requested what can be referred to as a military divorce. When both the mother's and father's service with the military had ended, the mother asked for a move away order to be allowed to move with the parties' child, age 4, to the State of Texas, where she was originally from. The father requested that the child stay with him in California.


The parties went to Family Court Services Mediation at the court house in Vista, and the mediator recommended to the court that the child stay here with the father if the mother decided to move to Texas. The mother was distraught about this recommendation because she had been told that the court always adopts the mediator's recommendation.


After meeting with an attorney at Palmer Rodak and Associates, the mother was informed that she was entitled to an evidentiary hearing under the Elkins Case, and that the court would have to consider all relevant facts when making a decision about the move away.


The mother decided to go through with a one day trial and the court ultimately ordered that the mother was allowed to move with the child to Texas, because it was in the best interest of the child to continue to be with the mother.


This situation highlights that it is important to get advise from a Certified Family Law Specialist as to your rights, because, like this mother, you might not be fully informed of your options regarding custody and it would be easy to make the wrong choice if you were mis-informed about the law.

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Palmer Rodak & Associates
Certified Family Law Specialists State Bar of California Board of Legal Specialization

Del Mar Office
445 Marine View Ave Ste 300
Del Mar, CA 92014

Phone: 858-356-4568
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Oceanside Office
301 Mission Avenue Suite 205
Oceanside, CA 92054

Phone: 760-712-3889
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